- 19 - 3. Whether There Was Any Security or Collateral for the September 1982 Note and the October 1982 Note Petitioner transferred $100,000 to each of her sons to assist them in connection with their respective acquisitions of real property.11 Neither the September 1982 note signed by Stephen nor the October 1982 note signed by Robert was secured by the real property each acquired. Indeed, petitioner never even asked Stephen and Robert to secure their respective notes by that real property or by any other collateral. See, e.g., Estate of Musgrove v. United States, supra at 664. 4. Whether There Was a Fixed Maturity Date for the September 1982 Note and the October 1982 Note The September 1982 note signed by Stephen stated that he was to pay petitioner $100,000 on demand or on September 14, 1985, if no demand was made. At the time Stephen signed the September 1982 note, petitioner believed that the date on which he was to pay her the principal amount was open, and she did not consider the September 14, 1985 date stated in that note to be a fixed date on which Stephen was in all events to pay her the principal amount. Furthermore, at that time, she had no intention of demanding payment on September 14, 1985, or on any other date, 11 Petitioner transferred $100,000 to Stephen in order to assist him in satisfying in 1982 a mortgage of approximately $56,000 that he and his wife assumed at the time that they purchased a house in 1980. Neither petitioner nor Stephen explained why she transferred $100,000 to him when he needed only about $56,000 to satisfy that mortgage.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011